JUDGMENT : This Second Appeal arises out of O. S. No. 92 of 1946 on the file of the Court of the Subordinate Judge of Eluru - which was a suit instituted by one Seemakurthi Peda Sattemma alias Sattemma whose estate, because of her death pending the litigation, is now represented by the respondents 1 and 2 in the appeal. The appellants are the 2nd defendant and his sons defendants 3, 4 and 6. The original plaintiff claimed a sum of Rs. 4,170-3-3 from all the defendants who were six in number on the following allegations:

2. The plaintiffs deceased husband Subbarayudu and the defendants 1 and 2 were brothers the other defendants being the sons of the 2nd defendant. The three brothers were partners in a business known as Sri Satyararayana Rice Mill. The plaintiff deposited with the mill various sums from time to time which were duly credited in the accounts of the mill on the understanding that the moneys so deposited should be paid back to her with interest whenever she demanded.

The mill business being a family business of defendants 1 to 6, all the defendants are liable for the amount due to her. The trial court found that the 1st defendant was not a partner of the business and decre

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